VISHAL KUMAR Vs. SONAM KHALOTRA

JUDGEMENT

(1.) The petitioner seeks to challenge the order dtd. 1/2/2021 passed by the learned MM (Mahila Court-02), Patiala House Court, New Delhi fixing the interim maintenance in favour of the respondent herein under Sec. 23 of Protection of Women from Domestic Violence Act, 2005 for a sum of Rs.25,000.00 per month which includes monthly expenditure, rent allowance, medical expenses, travel expenses etc. from the date of the complaint and the order dtd. 1/12/2021 passed by the learned ASJ-04, Patiala House Court rejecting an application for preponment of the appeal/stay of the order dtd. 1/2/2021 fixing the above mentioned maintenance.

(2.) The facts, in brief, leading to the filing of the instant petition are as under:

(3.) Learned counsel for the petitioner states that the petitioner has lost his job. It is further stated by the learned counsel for the petitioner that the petitioner had qualified for the post of Panchayat Accounts Assistant conducted by J & K Service Selection Board. He states that the respondent had written letters to J & K Service Selection Board informing them about the cases pending against the petitioner to ensure that the petitioner does not get the job. He states that the petitioner is unemployed and living with his parents at Jammu whereas the respondent is a practising Doctor at a clinic in New Delhi. He states that there is nothing on record on the basis of which the learned MM could come to the conclusion that the petitioner is earning a sum of Rs.80,000.00 per month. He states that the past income tax returns cannot be a guide for the learned MM to make a guess work and come to the conclusion that the petitioner is roughly earning a sum of Rs.80,000.00 per month.